The Role Of The Elder Law Attorney
Planning for management of assets in the event of disability, protection of life savings and planning for distribution of assets upon death are major concerns of older persons and their families. Estate planning involves not only these matters but also includes the issues of health care planning, retirement questions and other special legal matters associated with aging.
While there are many preprinted forms available for Durable Health Care Powers of Attorney and for Living Wills, such forms are often general in nature and may not meet your personal needs. At the time that the documents may actually be needed, you will not be able to be heard. It is, therefore, critical that your documents be as personal as possible.
At the same time that the attorney counsels you about the choices available to you, you will also discuss the considerations involved in selecting your agent and alternate. You will also learn about any special requirements or limitations on such documents within your particular state. Your attorney will assure that all of the formalities involved with such legal documents are properly carried out. Again, when they are needed, you will not be able to re-do them.Finally, your attorney will instruct you about whom to give copies to and how to make your preferences known. The document will be of no value if no one knows of its existence.
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